Video shows Carl Schoombie's alleged killers in nightclub brawl

2017-03-01 20:56
Carl Schoombie (Supplied)

Carl Schoombie (Supplied)

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Cape Town – A very short clip of CCTV footage showing Carl Schoombie's alleged killers in a brawl at Tiger Tiger nightclub was played in the Western Cape High Court on Wednesday.

The footage, with a time stamp of 03:58 on November 21, 2015, showed a number of people in a corridor.

At 03:59 it showed Brent Henry seemingly throwing a punch at an unknown white man before pushing him up against the wall.

A man presumed to be a bouncer blocks him.

A few seconds later Juane Jacobs comes from behind the bouncer and throws a punch.

It was not clear whether the punch landed because his hand was off camera.

"Whether a punch or grab, it was very violent. You could see the person staggering. It is not a slap. It is certainly a punch with a clenched fist aimed at where the person is," prosecutor Christopher Burke said of the footage.

Video captured 'minutes' before fatal beating

Schoombie died from severe injuries after the two men apparently accused him of starting trouble at the Tiger Tiger nightclub in November 2015.

The Stellenbosch University graduate and three friends were on their way home from a Claremont nightclub when he was assaulted in a cul-de-sac. He was admitted to hospital in a coma, where he died a few days later.

Judge Robert Henney wondered what the relevance of the footage was since the two were not charged with assaulting someone at the club.

Burke said the footage was captured "minutes" before Schoombie was beaten.

He said a defence argument that Schoombie had only been slapped had been put forward.

"It goes to the defence of when you are not angry, you punch people but when you are really angry, you slap them. It shows they were not acting alone but in common purpose."

Taxi driver questioned

Citing case law, he said such evidence was admissible where it was relevant to the accused state of mind at the time of the offence, or where it showed people acting in concert.

Henney said it showed common cause at most.

The two are charged with murder, assault with intent to cause grievous bodily harm, and assault by means of a threat.

Henry was also charged with crimen injuria and Jacobs with reckless or negligent driving.

The cross-examination of the Uber taxi driver who drove the four friends that night continued on Wednesday afternoon.

Johan Solomons, for Henry, put it to the driver that his client would deny ever knocking on the Uber taxi for attention, threatening to kill anyone, blocking the taxi from leaving or assaulting anyone.

'Attention divided'

Jean-Piere Muroncwa remained adamant that he witnessed all of this. On Wednesday he also remembered Schoombie being kicked, not just punched.

William Booth, for Jacobs, asked where the kick landed. He said somewhere between the neck and stomach.

The lawyer questioned how he would have been able to see everything.

Muroncwa conceded that he was not always looking at what was happening because he was trying to get his phone to work to call for help.

But he said he saw what he saw.

"At best his attention was divided. He did not have a consistent and, if I may use the word, armchair view of such a chaotic scene," said Henney.

The trial resumes on Monday.

Read more on:    cape town  |  crime

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